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48 .4 The CMAR acknowledges liens may not be filed against governmental property and that such liens <br /> are not authorized by law . In the event any agent, materials or services provider, contractor, or <br /> Subcontractor of CMAR files or attempts to file any notice of lien, claim of lien, or lien against <br /> Owner ' s property provided the Owner has fulfilled its payment obligation under the Contract <br /> Documents . CMAR shall take immediate affirmative steps to remove and/or terminate any such <br /> claim of lien, lien, or lien action . Immediate affirmative steps means the CMAR, at CMAR' s sole <br /> expense, shall without delay take whatever action is necessary, including without limitation <br /> litigation, to remove and/or terminate such claim of lien, lien, or lien action from Owner ' s property . <br /> If Owner determines CMAR is not proceeding as required by this section to remove and/or <br /> terminate any claim of lien, lien, or lien action Owner may take any action necessary to remove <br /> and/or terminate such claim of lien , lien, or lien action and all costs or expense related to such <br /> action by Owner shall be borne by CMAR. <br /> 48 . 5 The obligations of the CMAR under this Article 48 shall not extend to the liability of the Project <br /> Designer, the Project Designer' s consultants , and agents and employees of any of them arising out <br /> of ( 1 ) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, <br /> designs or specifications, or (2) the giving of or the failure to give directions or instructions by the <br /> Project Designer, the Project Designer' s consultants, and agents and employees of any of them <br /> provided such giving or failure to give is the primary cause of the injury or damage . <br /> 49. PERFORMANCE BOND AND PAYMENT BOND <br /> 49 . 1 . Within fifteen ( 15 ) days of the establishment of each GMP, the CMAR shall provide a performance <br /> bond and payment bond, each in the amount of the GMP plus the Owner' s allowance . The amount <br /> of the performance and payment bonds may be adjusted if the guaranteed maximum price is <br /> reduced after the bids are received . Each time a new GMP is established and approved by the <br /> Owner, the CMAR shall increase the amount of the performance and payment bonds to the amount <br /> of the cumulative GMP, including Owner ' s allowances , so that at all times a single performance <br /> bond and a single payment bond shall be in effect for the entire Project under contract at that time . <br /> 49 . 2 . The performance bond and payment bond shall be executed by a surety company authorized to do <br /> business in North Carolina. Bonds shall be executed in the form bound with the RFQ unless the <br /> Owner accepts another form of bond . <br /> 49 . 3 . All bonds shall be countersigned by an authorized agent and attorney4n4act for the bonding <br /> company who is licensed to do business in North Carolina. The title "Licensed Resident Agent" <br /> shall appear after the signature . There shall be attached to each copy of the bond a certified copy of <br /> power of attorney properly executed and dated. The seal of the bonding company shall be <br /> impressed on each signature page of the bonds . <br /> 50. ASSIGNMENTS <br /> 50 . 1 . The CMAR shall not delegate or subcontract its duties under this Contract or any portion of this <br /> Contract except as expressly set forth herein for general conditions and construction subcontracts . <br /> The CMAR may not make a general assignment of its rights under this Contract to any third party <br /> without the express consent of the Owner. Except as may be required under terms of the <br /> performance bond or payment bond, no funds or sums of money due or to become due to the <br /> CMAR under the Contract may be assigned or pledged as collateral for a loan or other debt without <br /> the consent of the Owner. In the event the CMAR has prior to execution of this Contract pledged <br /> payments hereunder as collateral for any loan or debt, the CMAR shall advise the Owner, in <br /> confidence if required by the CMAR, of the circumstances of the loan or debt, and arrange for the <br /> subordination of the security interest of the creditor or lender to the Owner ' s rights under this <br /> Contract . The Owner may, without consent of the CMAR, assign the Contract to a lender providing <br /> construction financing for the Project, if the lender assumes the Owner ' s rights and obligations <br /> under the Contract Documents . The CMAR shall execute all consents reasonably required to <br /> Page 47 of 52 <br /> Revised 12/24, 4/25 <br />